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Chicago Mercantile Exchange - Unfair Price Setting

Today, the largest milk cooperatives in the U.S. abuse the power to collectively bargain on behalf of dairy farmer members in order to obtain just and equitable milk pricing. In fact, many milk cooperatives and dairy processors collaborate to keep farm milk prices low, reducing corporate costs through price manipulation at the Chicago Mercantile Exchange. The graph below illustrates how closely CME block price and farm milk gate prices correlate.

However, U.S. dairy farmers cannot access information on how these large cooperatives trade its raw product in the marketplace. For example, in the 2nd Circuit U.S. Court of Appeals case Shaw v. Agri-Mark, Inc., judges ruled that: “persons who are not stockholders of a corporation have no right under statutory law to inspect the corporation’s books and records.” According to the judges, farmers did supply equity capital to the cooperative stock corporation and did directly elect its directors but did not acquire the title of “stockholders of record” needed to inspect the corporation’s books and records.

Because farmers, up until this point, exhausted every effort to gain access to a supposedly openly-traded marketplace and failed, the National Family Farm Coalition, in the interest of America’s dairy farmers and the general public, requests the 108th Congressional Judiciary Committees to launch a farm-gate milk price mechanism investigation, beginning with the Chicago Mercantile Exchange.

Prior investigations of similar marketplaces, like the National Cheese Exchange (NCE, formerly located in Green Bay, Wisc.), required utmost subpoena power to obtain necessary data for non-bias report compilation. For example, in 1996, the University of Wisconsin released a report entitled: “Cheese Pricing: A study of the National Cheese Exchange.” The University of Wisconsin repeatedly ended up in lengthy court battles to demonstrate the manipulation of price on the National Cheese Exchange, particularly for Working Paper 116: Price and Profit Performance of Leading Cheese Marketers: Some New Evidence.

Available online: (http://www.aae.wisc.edu/fsrg/publications/Archived/wp-116.pdf).

Instead of fixing the National Cheese Exchange’s flaws, however, trading moved from the NCE to the Chicago Mercantile Exchange. There, trading activities still determine farm milk price—hiding behind the same complicated formulas, corporate control, and secret deals.

Moreover, as it stands today the U.S. government allows corporations to work both sides, buying domestic products significantly below the cost of production while generating additional profits from low-cost imports also supplemented by taxpayers’ money. For example, Dairy Farmers of America (DFA) is a dairy cooperative for U.S. dairy farmers. It controls 29 percent of the nation’s milk, holds 11 import licenses and maintains multiple partnerships with foreign and domestic institutes that hold a vested interest in keeping farm milk prices low.

The record shows that in the first week of May 2003, DFA sold 1,533,019 pounds of cheese to the USDA’s Commodity Credit Corporation (CCC) surplus program. In the same week, DFA, in a joint venture with New Zealand giant Fonterra, sent 1,061,748 pounds of powdered milk to the CCC from Portales, New Mexico. Thus, in one week, DFA and its New Zealand partner garnered $2,583,856.10 from U.S. taxpayers, contributing to the illusion that America’s dairy farmers produced more than the market demands.

Furthermore, the government does nothing to protect the consumer, who continues to pay the same or increasing prices at the grocery store for dairy products while the processors and retailers reap record profits.

For example, while New England dairy farmers suffer through the lowest milk prices in 25 years, the region’s predominant dairy processor, Dean Foods (formerly Suiza) profit from an increasing wholesale-retail price spread. Currently, America’s farmer receives only 28 percent of the product’s retail price. Meanwhile, Dean’s stock rises from just under $30.00 in September 2001 to $45.75 after profiting from low farm milk prices.

In conclusion, the National Family Farm Coalition will reiterate the request, in the interest of America’s dairy farmers and the general public, of the 108th Congressional Judiciary Committees to launch a farm-gate milk price mechanism investigation, beginning with the Chicago Mercantile Exchange.



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